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Home My WebLink About00 CC AGENDA 7.2.13 CITY OF TUSTIN JOINT REGULAR MEETING JULY 2, 2013 OF THE CITY COUNCIL, SUCCESSOR COUNCIL CHAMBER AGENCY TO THE TUSTIN COMMUNITY 300 CENTENNIAL WAY, TUSTIN REDEVELOPMENT AGENCY AND THE _ • HOUSING AUTHORITY Charles E. "Chuck" Puckett, Mayor Pro Tem Jeffrey C. Parker, City Manager John Nielsen, Councilmember Al Murray, Mayor David E. Kendig, City Attorney Rebecca "Beckie" Gomez, Councilmember Jeffrey C. Parker, City Clerk Allan Bernstein, Councilmember Pam Arends-King, Interim City Treasurer CLOSED SESSION MEETING 5:30 P.M. CALL TO ORDER — Meeting #2322 ATTENDANCE PUBLIC INPUT — Members of the public may address the City Council on items on the Closed Session Agenda. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION [Govt. Code § 54956.9(c)] — Two Cases 2. CONFERENCE WITH LEGAL COUNSEL — EXPOSURE TO LITIGATION [Govt. Code § 54956.9(d2)] — Two Cases 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: [Govt. Code § 54957] — Two Cases • Performance evaluation of the City Manager • Performance evaluation of the City Attorney 4. LABOR NEGOTIATIONS [Government Code Section 54957.6] Agency Negotiators: Chuck Robinson, Deputy City Manager, Derick Yasuda, Human Resources Manager and Peter NOTE: As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the City Council members regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 300 Centennial Way, Tustin, CA during normal business hours. Brown, Liebert Cassidy Whitmore Employee Organization: Tustin Municipal Employees Association (TMEA) Employee Organization: Tustin Police Officers Association — Management Unit (TPMA) Employee Organization: Tustin Police Officers Association — Officer Unit (TPOA) Employee Organization: Tustin Police Support Service Association (TPSSA) Employee Organization: Unrepresented Confidential Employees Employee Organization: Unrepresented Supervisory Employees Employee Organization: Unrepresented Executive Management and Management Employees Employee Organization: Unrepresented Part-Time Employees 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code 54956.8) — Two cases 1 . Property Lots 1 ,2,3,4,5,6,7,8,9, 10,11 , II, D, Final Map Address/Description 17144; Lots 32, 34, Tentative Tract Map 17404; a portion APN's 430-27-31 and 33 and a portion of APN 430-37-10 Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, John Buchanan, Program Manager and Amy Freilich, Special Real Estate Counsel Negotiating Parties O.C. Property Company, LLC, represented by Rick Kaplan, Mark Smith, John Tran and Mark McGranahan, Cushman Wakefield of California, Inc., Irvine, CA. Under Negotiation Price and Terms of Payment 2. Property 2345 Barranca Pkwy, APN: 434-021-22, Army Address/Description Reserve Center and 15 acres of the Northeast corner of Red Hill Avenue and Warner Avenue Agency City of Tustin City Negotiators Jeffrey C. Parker, City Manager, Matt West, Redevelopment Project Manager and David E. Kendig, City Attorney Negotiating Parties United States Government acting through the Department of the Army, represented by Stan Wallin, Jeremy Hollis and Cheryl Connett of the Army Corps of Engineers Under Negotiation Price and terms of payment City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 2 of 10 JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY 7:00 P.M. CALL TO ORDER — Meeting #2322 PRESENTATION OF COLORS, INVOCATION AND PLEDGE OF ALLEGIANCE — American Legion ROLL CALL — City Clerk CLOSED SESSION REPORT — City Attorney David E. Kendig PRESENTATIONS • John McGuire • Tustin Chamber of Commerce — Ned Smith, Jonathan Stone and Dan Trznadel ORAL COMMUNICATION/PUBLIC INPUT — At this time, any member of the public may address the City Council on matters which are listed on this agenda or under the jurisdiction of the City Council. If the item you wish to speak on is a public hearing item, you may wish to wait until the Council considers that item. PUBLIC HEARING ITEM A public hearing provides individuals the opportunity to be heard regarding an intended action of the City Council related to land use or fees. (Agenda Item 1) 1 . PUBLIC HEALTH GOALS (PHGs) 2010-2012 REPORT The California Health and Safety Code requires that operators of large water utility systems periodically prepare a report and conduct a public hearing regarding the health of the water supplied to customers. For the 2010-2012 reporting period, the drinking water quality of the City of Tustin Water Services City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 3 of 10 complied with all California Department of Public Health and USEPA drinking water standards. While Tustin's water system exceeded the public health goals (PHG) for arsenic, uranium, coliform bacteria, lead, and copper, these levels remained below the EPA's action levels and the City remains in overall compliance with all regulatory water quality standards and no additional treatment programs are required. Recommendation: That the City Council take the following actions: 1 . Conduct a public hearing to accept and respond to public comments on the 2010-2012 Public Health Goals Report; and 2. At the conclusion of the public hearing, approve the 2010-2012 Public Health Goals Report. CONSENT CALENDAR ITEMS All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the City Clerk. (Agenda Items 2 through 7) 2. APPROVAL OF MINUTES — JOINT REGULAR MEETING OF THE CITY COUNCIL, SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY HELD JUNE 18, 2013. Recommendation: That the City Council, Successor Agency and Housing Authority approve the Action Minutes of the Joint Regular Meeting of the City Council, Successor Agency to the Tustin Community Redevelopment Agency and Housing Authority held on June 18, 2013. 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL The City Council has approved the use of Government Code Section 37208 to expedite the payment of City of Tustin and Successor Agency to the Tustin Community Redevelopment Agency obligations that are in accordance with the approved budget or continued operations authorizations. Recommendation: Approve Payroll in the amounts of $11 ,584.31 and $615,186.86; and Demands in the amounts of$6,420,827.27. 4. APPROVE AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES NETWORK INFRASTRUCTURE UPGRADE AND NETWORK MAINTENANCE City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 4 of 10 City Council approved funding for fiscal year 2013-2014 to upgrade the City's computer network infrastructure which includes upgrading and or migrating the computer network infrastructure to improve speed, efficiency, redundancy, security, and support a new Voice Over Internet Protocol system (VOIP) phone solution. Recommendation: That City Council approve the agreement between the City and Govplace to complete the network infrastructure upgrade and provide network maintenance for a period of one year. 5. DECLARATION OF SURPLUS PROPERTY The City has accumulated a quantity of obsolete and/or damaged computer and computer related equipment. The listed equipment is no longer usable or required for public use. Recommendation: 1 . Declare the listed equipment surplus and not required for public use. 2. Authorize staff to sell/have auctioned serviceable equipment of value and dispose of assets beyond repair. 6. AMENDMENTS TO DEPUTY CITY MANAGER AND POLICE CHIEF EMPLOYMENT AGREEMENTS The City Manager has executed amendments to the employment agreements with the Deputy City Manager and the Police Chief. Approval by the City Council would ratify these contract amendments and clarify that the City Manager continues to be authorized to execute individual employment agreements and amendments to individual employment contracts, consistent with the Tustin City Code. Recommendation: That the City Council take the following actions: 1 . Adopt City Council Resolution No. 13-69 to ratify the amendment to the employment agreement with the Deputy City Manager; and 2. Adopt City Council Resolution No. 13-70 to ratify the amendment to the employment agreement with the Police Chief; and 3. Clarify existing policy by formally acknowledging that the City Manager will continue to have the authority to execute individual employment contracts and amendments to individual employment contracts in accordance with the Tustin City Code. City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 5 of 10 RESOLUTION NO. 13-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RATIFYING AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT WITH THE DEPUTY CITY MANAGER RESOLUTION NO. 13-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE EMPLOYMENT AGREEMENT WITH THE POLICE CHIEF 7. AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City Council entered into an employment agreement with Jeffrey C. Parker to serve as Tustin's City Manager beginning December 29, 2011 . Approval by the City Council of the attached Resolution would amend the existing employment agreement. Recommendation: Pleasure of the City Council. REGULAR BUSINESS ITEMS Matters listed under Regular Business are generally proposals for new legislation or items requiring discussion (Agenda Items 8 through 12) 8. APPROVAL OF OPERATOR SERVICES AGREEMENT FOR BALL FIELD MAINTENANCE SERVICES Approval of an Operator Services Agreement between the City of Tustin and Major League Softball, Inc., to provide the City with ball field maintenance services for the Tustin Sports Park and Columbus Tustin Park softball fields. Recommendation: Authorize the Mayor and the City Clerk to execute an Operator Services Agreement with the firm Major League Softball, Inc. (MLS) for one (1) year starting September 1 , 2013, and two (2) optional one (1) year extensions. 9. MEMORANDA OF UNDERSTANDING WITH THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT, THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION Adoption of the attached Resolutions and Memoranda of Understanding (MOU) City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 6 of 10 will authorize terms and conditions of employment for employees in classifications represented by the Tustin Police Officers Association — Police Management Representation Unit (TPMA), the Tustin Police Officers Association — Police Officer Representation Unit (TPOA), and the Tustin Police Support Services Association (TPSSA) in accordance with City Council direction. Recommendation: That the City Council adopt the following resolutions: 1 . Resolution No. 13-56 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPMA for the period of July 1 , 2013 through June 30, 2015; and 2. Resolution No. 13-57 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPOA for the period of July 1 , 2013 through June 30, 2015; and 3. Resolution No. 13-58 amending the City's Classification and Compensation Plans and approving a Memorandum of Understanding with TPSSA for the period of July 1 , 2013 through June 30, 2015; and 4. Resolution No. 13-59 eliminating Employer Paid Member Contributions for all employees in classifications represented by TPMA; and 5. Resolution No. 13-60 eliminating Employer Paid Member Contributions for all employees in classifications represented by TPOA; and 6. Resolution No. 13-61 eliminating Employer Paid Member Contributions for all employees in classifications represented by TPSSA RESOLUTION NO. 13-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE OFFICERS ASSOCIATION – POLICE MANAGEMENT REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 13-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 7 of 10 OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 13-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE CLASSIFICATION AND COMPENSATION PLANS FOR THE CITY OF TUSTIN AND APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TUSTIN AND THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION, CONCERNING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT RESOLUTION NO. 13-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE MANAGEMENT REPRESENTATION UNIT RESOLUTION NO. 13-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE TUSTIN POLICE OFFICERS ASSOCIATION — POLICE OFFICER REPRESENTATION UNIT RESOLUTION NO. 13-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE TUSTIN POLICE SUPPORT SERVICES ASSOCIATION 10. SALARY RESOLUTIONS FOR UNREPRESENTED EXECUTIVE MANAGEMENT, MANAGEMENT, SUPERVISORY, AND CONFIDENTIAL EMPLOYEES Adoption of the attached Resolutions will authorize terms and conditions of employment for unrepresented Executive Management, Management, Supervisory, and Confidential employees in accordance with Council direction and consistent with agreements reached with three of the City's represented employee groups. City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 8 of 10 Recommendation: That the City Council adopt the following Resolutions: 1 . Resolution No. 13-62 amending the City's Classification and Compensation Plans for unrepresented Executive Management and Management employees; and 2. Resolution No. 13-63 amending the City's Classification and Compensation Plans for unrepresented Supervisory employees; and 3. Resolution No. 13-64 amending the City's Classification and Compensation Plans for unrepresented Confidential employees; and 4. Resolution No. 13-65 eliminating Employer Paid Member Contributions for all unrepresented Executive Management and Management employees; and 5. Resolution No. 13-66 eliminating Employer Paid Member Contributions for all unrepresented Supervisory employees; and 6. Resolution No. 13-67 eliminating Employer Paid Member Contributions for all unrepresented Confidential employees RESOLUTION NO. 13-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES, AND SUPERSEDING RESOLUTION 12-66 RESOLUTION NO. 13-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED SUPERVISORY EMPLOYEES, AND SUPERSEDING RESOLUTION 12-67 RESOLUTION NO. 13-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN RELATING TO COMPENSATION AND BENEFITS FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES, AND SUPERSEDING RESOLUTION 12-68 RESOLUTION NO. 13-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 9 of 10 RETIREMENT SYSTEM FOR UNREPRESENTED EXECUTIVE MANAGEMENT EMPLOYEES AND UNREPRESENTED MANAGEMENT EMPLOYEES RESOLUTION NO. 13-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR UNREPRESENTED SUPERVISORY EMPLOYEES RESOLUTION NO. 13-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ELIMINATING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR UNREPRESENTED CONFIDENTIAL EMPLOYEES 11 . APPROVAL OF SETTLEMENT AGREEMENT AND GENERAL RELEASE WITH THE CITY OF IRVINE The staff report and agreement will be provided on the day of the meeting. 12. LEGISLATIVE REPORT At this time, the City Council may take the opportunity to discuss current legislation of interest. OTHER BUSINESS/COMMITTEE REPORTS ADJOURNMENT — The next meeting is scheduled for Tuesday, July 16, 2013 at 5:30 p.m. for the Closed Session Meeting followed by the Regular Business Meeting at 7:00 p.m. in the Council Chamber, 300 Centennial Way, Tustin, California. City Council/Successor Agency/Housing Authority July 2, 2013 Meeting Agenda Page 10 of 10